Courtesy Photo | On March 24, 2022, then-Arizona Governor Douglas Ducey signed a bill authorizing...... read more read more
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On March 24, Arizona Governor Douglas Ducey signed a bill authorizing concurrent criminal jurisdiction on U.S. Army Yuma Proving Ground.
The change, which is expected to take full effect on July 1, was welcomed by YPG Police Chief Donnie Lucas.
“It allows us to work hand in hand with our community partners,” said Lucas. “For us, we get the best of both worlds: We are here as a federal entity but have state support.”
Most military posts in the United States have either concurrent or exclusive police jurisdiction: YPG was one of only three that had proprietary jurisdiction. In its earliest days as Yuma Test Station, the proving ground had the reputation of being a remote and relaxed duty station. Stood up on the fly during World War II, closed for 18 months following that war, then reconstituted abruptly in the worst days of the Korean War, expedience neglected finer legal points such as police jurisdiction.
“There was never an agreement that expressed the type of jurisdiction this installation had,” said Lucas. “We could not locate a legal standing of jurisdiction. The law reads that having no standing automatically reverts to proprietary jurisdiction.”
Lucas says that the desire to be a good partner with other local law enforcement agencies was a driving force behind the move towards securing concurrent jurisdiction, particularly given the immense changes in both Yuma County and Yuma Proving Ground since the earliest days of the post.
“Yuma County is growing significantly: The Yuma County Sheriff has to concentrate his forces where the preponderance of crime is committed in Yuma County, which is not here,” said Lucas. “Asking his deputies to come out and police this area is an unnecessary burden when YPG has a fully functional police force. The Army pays our officers to do a job, and this allows them to do it.”
The push to change to concurrent police jurisdiction at YPG began under former YPG commander Col. Ross Poppenberger and was also supported by current commander Col. Patrick McFall. Multiple levels of the Department of the Army and Department of Justice had to approve the switch prior to the bill’s introduction in the State House. The change also required the support of and memorandum of understandings with the sheriffs of Yuma and La Paz County, the United States Attorney’s office, and the federal magistrate to be feasible.
So far as the general public is concerned, the change to concurrent jurisdiction will change the way traffic violations, trespassing, and illegal dumping are punished.
Until now, YPG Police only had the authority to issue DD Form 1408s, which have no penalty or deterrence associated with them for individuals who are unaffiliated with the Department of Defense (DOD). Now, the YPG Police will be empowered to issue Central Violations Bureau (CVB) citations, which do have financial penalties associated with them.
“If some person is riding and inadvertently crosses within YPG’s boundaries without an intent to do so and we’ve never written that person a ticket before, we will issue a warning citation,” said Lucas. “If it’s a case of multiple violations, we will cite the individual and they will have to pay a fine or plead their case to a federal magistrate. It gives some teeth to the bark to try to deter people from trespassing.”
Similarly, illegal dumping on YPG’s ranges will also be subject to citations with financial penalties associated with them, albeit without the initial warning citation.
If someone committing a traffic violation on Highway 95 is completely unaffiliated with DOD, the YPG Police will hand the issue over to the Arizona Department of Public Safety. If the driver is DOD-affiliated, YPG Police will take jurisdiction over the incident. If it is a combination of both in a given incident, the respective agencies will determine jurisdiction on the scene.
The YPG Police are interested purely in the deterrent effect of the financial penalties and have no further motivation to collect fines.
“The fines are not set by us, they are set by the Central Violations Bureau,” said Lucas. “YPG receives none of the money associated with the fines.”
Individuals cited for a traffic infraction on post still face the possibility of their on-post driving privileges being suspended or revoked by the YPG commander in addition to facing the financial penalties associated with a citation.
Whether in a cantonment area, on Highway 95, or on Imperial Dam Road or Martinez Lake Road, there are two more significant differences under concurrent jurisdiction.
“Unlike with 1408s, if you get a Central Violations Bureau citation it will be reported to the Department of Motor Vehicles and your auto insurance company,” said Lucas.
Lucas says the new arrangement is a welcomed force multiplier for ensuring YPG’s security. A variety of local, state, and federal law enforcement agencies issue CVB citations. If a DPS or YCSO patrolman observes suspicious activity on YPG land while patrolling Highway 95, for instance, the officer is now empowered to issue a trespassing citation that would be adjudicated by the federal magistrate.
“That allows Bureau of Land Management or Arizona Department of Game and Fish Rangers to come on this installation and write citations for us,” said Lucas. “The YPG Police’s jurisdiction does not extend beyond the boundaries of YPG, but these other agencies’ jurisdiction does. It allows us to work hand-in-glove with our other partners and gives us resources we didn’t have before.”
| Date Taken: | 05.31.2022 |
| Date Posted: | 05.31.2022 22:12 |
| Story ID: | 421440 |
| Location: | YUMA PROVING GROUND, ARIZONA, US |
| Web Views: | 559 |
| Downloads: | 0 |
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